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Cleaning & Miscellaneous: This is an estimate for whatever cleaning might be needed <br />within the demised premises. Also included in this category would be such items as trash <br />removal and any miscellaneous expenses such as Tenant's Association due that would be directly <br />attributable to the Tenant's occupation of the premises. <br />The Tenant's Proportionate Share of the Fixed Annual Minimum Rent will be based on <br />its allocated share of the total number of bingo sessions scheduled to be played on the Premises. <br />Subject to adjustment by Landlord in the event of changes in the number of participating tenants <br />or in the Tenant's allocated share of the total number of bingo sessions, the Tenant's <br />Proportionate Share of the Fixed Annual Minimum Rent will be a fraction, the numerator of <br />which is the number of weekly sessions of bingo scheduled to be operated by the Tenant and the <br />denominator of which is the number of weekly sessions of bingo scheduled to be operated by <br />all tenants of the Premises. Tenant's expected hours of operating bingo sessions and its initial <br />anticipated Proportionate Share of the Fixed Annual Minimum Rent is set forth on Exhibit E <br />attached hereto. The Tenant's Proportionate Share of the Fixed Annual Minimum Rent will be <br />adjusted periodically to account for changes in the number of bingo sessions operated on the <br />Premises by Tenant or by other tenants of the Premises. For example, in the event another <br />tenant of the Premises ceases to be a tenant or ceases to operate bingo sessions, the Tenant's <br />Proportionate Share of the Fixed Annual Minimum Rent will be adjusted to accommodate <br />additional sessions assumed by the Tenant. In the event bingo sessions operated by other tenants <br />of the Premises are reduced for any reason, Tenant agrees to reach an agreement with other <br />tenants of the Premises to increase the sessions operated by them so that no fewer than eight <br />hundred twenty five (825) sessions per year are operated at the Premises. The Tenant may agree <br />with other tenants of the premises to add additional tenants from time to time, subject to <br />approval of all licensing authorities and subject to the approval of Iandlord, in its sole <br />discretion. Landlord shall have the exclusive right to make changes to Tenant's Proportionate <br />Share of the Fixed Annual Minimum Rent following changes to the bingo sessions operated by <br />Tenants by notifying Tenant, by letter, of such changes within ten (10) days of their effective <br />date. All decisions by Landlord relating to Tenant's Proportionate Share of the Fixed Annual <br />Minimum Rent will be within the Landlord's sole discretion, subject to maximum rental rates <br />prescribed by law, and all decisions by the Landlord will be final. <br />Section 2. Tenant waives and disclaims any present or future right to apply any payment <br />or part- payment of rent, or to set -off counterclaim in any action for rent, against any obligations <br />of Landlord, however incurred, and agrees that it will not claim or assert such right, set -off or <br />counterclaim. <br />ARTICLE II <br />OPERATION AND MAINTENANCE OF COMMON AREAS <br />Section 1. For the purpose of this Article and wherever else used in this lease, the term <br />"common area" shall be defined as all that portion of shopping center improvements excepting <br />that area which is presently leased to tenants or is hereinafter leased to tenants. Landlord has <br />made no representation as to identity, type, size or number of other stores or tenancies in the <br />sado(f\wp\rnkpleas.2 5 <br />Page 16 <br />